Local Government (Highways) Regulations 2003

Local Government (Highways) Regulations 2003

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Local Government (Highways) Act 1982 .

14 July 2003

W. J. E. COX

Lieutenant-Governor

By His Excellency's Command,

J. G. COX

Minister Assisting the Premier on Local Government

1.   Short title

These regulations may be cited as the Local Government (Highways) Regulations 2003 .

2.   Commencement

These regulations take effect on the day on which Part 4 of the Gas Infrastructure (Miscellaneous Amendments) Act 2002 commences.

3.   Standard conditions

Pursuant to section 46(2A) of the Local Government (Highways) Act 1982 , the conditions specified in Schedule 1 are prescribed as standard conditions.

SCHEDULE 1 - Standard conditions

Regulation 3

1.   Interpretation

In this Schedule, unless the contrary intention appears –

completion, in relation to any work, means the completion of the work;

infrastructure means any pipelines, pipe systems or other infrastructure required for the transmission, distribution or supply of natural gas or other gaseous fuels;

installer means the person installing infrastructure pursuant to permission granted under section 46(1)(e) of the Local Government (Highways) Act 1982 ;

municipal standards, in relation to any work, means the drawings and specifications that comprise the municipal standards issued and amended from time to time by agreement between the Institute of Public Works Engineering Australia (Tasmania Division) and the installer;

work means the installation of infrastructure under a local highway pursuant to permission granted under section 46(1)(e) of the Local Government (Highways) Act 1982 ;

work zone means land, within the boundaries of a local highway, that is modified or affected during the installation of infrastructure under that local highway.

2.   Liability for cost of work

Except as may be provided otherwise by another condition in this Schedule, the installer must meet all of the costs of the work including any costs incurred by the corporation by reason of the proposal to carry out the work or the carrying out of the work.

3.   Protection of other utility services

(1) Before the work starts, the corporation must, on demand, give the installer a free copy of all relevant records in the corporation's possession regarding the nature, location and depth of any infrastructure associated with other utility services that may be affected by the work.

(2) The installer must meet the cost of any claims or proceedings arising from any damage that the work may cause to infrastructure associated with other utility services, unless –

(a) records given to the installer pursuant to subclause (1) did not indicate the presence of the damaged infrastructure; or

(b) records given to the installer pursuant to subclause (1) did not accurately show the location and depth of the damaged infrastructure; or

(c) at the relevant time, any signs required to be provided by any person under the Gas (Safety) Regulations 2002 to warn of the presence of the damaged infrastructure were not in place.

4.   Start work notices

The installer must give the corporation at least 14 days notice in writing of its intention to start the work.

5.   Road traffic management standards and plans

The installer must, in carrying out the work, comply with the applicable road traffic management standards contained in "General Specifications G2  – Contract Management Plan" published by the responsible Department in relation to the Traffic Act 1925 or in any publication issued by that Department to replace that publication.

6.   Underground crossing in work zone

(1) Unless the corporation and the installer jointly make a determination to the contrary, underground crossing within a work zone is permitted if the underground crossing complies with the municipal standards.

(2) Unless the corporation and the installer agree to allow trenching, the installer must use trenchless technology in carrying out the work wherever it is reasonably practicable to do so.

7.   Liability for restoration of highway

(1) On completion, the installer must restore the local highway.

(2) If the corporation and the installer agree before completion that the local highway should be restored to a condition that is better than the condition it was in immediately before the work was carried out and also agree on compensation for such betterment, the local highway must be restored to the condition specified in that agreement.

(3) In any other case, the local highway must be restored to the condition it was in immediately before the work was carried out.

(4) The installer must ensure that the restoration work, including any associated excavation and backfilling of trenches, complies with the municipal standards.

(5) Notwithstanding the other conditions contained in this clause, the corporation may consent to a person other than the installer carrying out the restoration work.

8.   Liability for emergency repairs

The installer must meet the cost of any emergency repairs that need to be made to the local highway by or on behalf of the corporation because of a failure by the installer to comply, or comply fully, with the conditions in clause 7 .

9.   Progress reports

After the work starts, the installer must give the corporation a progress report on the work as soon as practicable after each 14-day period if the work proceeds beyond that number of days.

10.   Completion reports

Within 14 days after completion, the installer must give the corporation a report stating that –

(a) the work has been done; and

(b) all applicable municipal standards have been complied with; and

(c) any standards for the work that were agreed between the installer and the corporation have been complied with.

11.   Maintenance of records

(1) The installer must compile and keep accurate records of the work, showing the nature, location and depth of the infrastructure.

(2) The installer must, on demand, give the corporation a free copy of all or any of the records.

12.   Liability for damage to infrastructure

(1) The installer must meet the cost of any damage that may be caused to the infrastructure by routine maintenance or rehabilitation work carried out by or on behalf of the corporation in the work zone if, immediately before the maintenance or rehabilitation work started –

(a) the records required to be compiled and kept under clause 11 did not indicate the presence of the damaged infrastructure; or

(b) the location and depth of the damaged infrastructure was not accurately shown in those records.

(2) The corporation must meet the cost of any damage that may be caused to the infrastructure by routine maintenance or rehabilitation work carried out by or on behalf of the corporation in the work zone if, immediately before the maintenance or rehabilitation work started –

(a) the records required to be compiled and kept under clause 11 indicated the presence of the damaged infrastructure; and

(b) the location and depth of the damaged infrastructure was accurately shown in those records.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 15 July 2003

These regulations are administered in the Department of Premier and Cabinet.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations prescribe standard conditions that are taken to apply each time a council grants its permission for gas distribution infrastructure to be installed under a highway under its control.